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Another California Crime Lab Analyst Charged

Dec 29, 2010 — by Myles L. Berman | Comments (0)
Tags: State Crime Labs Blood Draw Testing Breathalyzer

A former California crime lab analyst has been charged with taking drug samples from the crime lab he worked at. The analyst worked at the Central Valley Crime Lab in Ripon. The crime lab processed drug samples for California police agencies in Calaveras, Merced, San Joaquin, Stanislaus and Toulumne Counties. As posted previously, crime lab analysts often times maintain breat testing machines and analyze blood in DUI / Drunk Driving cases. They also testify in court on a regular basis in DUI / Drunk Driving cases as an expert for the prosecution. I'm quite sure that every case this crime lab analyst was involved with will now be looked at again. Authorities concluded he was taking the drugs when it was discovered that samples he worked on weighed less than when the drugs were checked in.


Expect A Surge In DUI / Drunk Driving Arrests 2010 Holiday Season

Dec 24, 2010 — by Myles L. Berman | Comments (0)
Tags: Dui Checkpoints Holiday Dui Enforcement

While Southern California was hit with massive rain for a week, most probably DUI / Drunk Driving arrests were down during this period. Last week, I posted 10 DUI / Drunk Driving checkpoints on my Southern California DUI Checkpoint web page. In researching for DUI / Drunk Driving checkpoints for this weekend, there does not appear to be many. Therefore, it seems that since many of the DUI / Drunk Driving checkpoints where "washed out", most probably police enforcement will be intensified from Christmas Eve until January, 2, 2011. Usually, law enforcement likes to either equal or increase the number of DUI / Drunk Driving arrests as each year goes by. In the meantime, our office will be available if you are or someone you know is arrested for DUI / Drunk Driving.


LAPD Conducting 9 DUI / Drunk Driving Checkpoints This Weekend

The Los Angeles Police Department is conducting 9 DUI / Drunk Driving checkpoints the weekend of December 17th and December 18th, 2010. The specific DUI / Drunk Driving checkpoints can be found on my website. For many years, I've been posting published DUI / Drunk Driving checkpoints on my web page. Oftentimes, the information is submitted directly to my office via email from the same police agencies who are conducting the checkpoints. As the Holiday Season is now upon us, there will be a large number of DUI / Drunk Driving checkpoints throughout southern California. As a result of the checkpoints and greater police patrolling, the number of people arrested for DUI / Drunk Driving will increase. Oftentimes, checkpoint cases are less difficult to defend because there is no bad driving.


In DUI / Drunk Driving Case, Right To Phone Call Upheld

Dec 16, 2010 — by Myles L. Berman | Comments (0)
Tags: Drunk Driving Arrests Law Enforcement Agency

The Iowa Supreme Court overturned a DUI / Drunk Driving conviction of a man who was not allowed to make a telephone call after being arrested for DUI / Drunk Driving. Once at the police station, the arrested driver requested to call his mother. The police did not allow this call to be made. In Iowa, an arrested person has a right to make a telephone call. Many states give arrestees the right to make a telephone call after being arrested but do not have a remedy for failure to allow a post arrest telephone call. It looks like Iowa will now require police to honor telephone call requests after a driver is arrested for DUI / Drunk Driving.


In DUI / Drunk Driving Fatality Teens Can Now Be Prosecuted As Adults

Dec 7, 2010 — by Myles L. Berman | Comments (0)
Tags: Drunk Driving Arrests Law Enforcement Agency

A 17 year old teenager will be tried as an adult for murder in a DUI / Drunk Driving fatality in Akron, Ohio. He will be held in a juvenile detention facility until he turns 18. Based on the facts of the case, the Summit County Prosecutor's Office argued that the juvenile's acts were intentional. The juvenile's car was seen driving without headlights on. The officer's attempted to stop the juvenile. However, the juvenile sped away and then crashed into a retaining wall near where a crowd was gathered and struck a bystander causing the fatality. The judge in Juvenile Court found probable cause to bind the juvenile over as an adult for murder, attempted murder and multiple counts of felonious assault. Apparently, the juvenile was arguing with a female who was also in the car with him. Parents really need to keep an eye on their kids at all times.


Novel DUI / Drunk Driving Sentence May Be Struck

Dec 3, 2010 — by Myles L. Berman | Comments (0)
Tags: Field Sobriety Testing California Dui Laws

In St. Joseph County, Indiana, a program that allows people arrested for first time DUI / Drunk Driving to avoid a DUI / Drunk Driving conviction by agreeing to install an ignition interlock device in their vehicles for six months. The defendants would first have to plead guilty and successfully complete the novel program. Upon completion of the program, the defendants would be convicted of reckless driving. However, one of the judges in St. Joseph Superior Court believes the law requires the defendants to install the ignition interlock device for 2 years. The judge has asked other judges of the court to stop accepting defendants into the 6 month program. An ignition interlock device can prevent a vehicle from starting or continued operation if alcohol is detected on the driver's breath.


Myles L. Berman Now On Social Networking Websites

Nov 19, 2010 — by Myles L. Berman | Comments (0)
Tags: Topgundui Website

This is my first posting since I launched my social networking websites. I am on Facebook, Twitter and LinkedIn. I have had a webpage for my Top Gun DUI Defense Attorney law offices since 1994. My web site has been profiled in presentations by Bar Associations, referred to by legal experts and used as a reference tool for other DUI / Drunk Driving defense attorneys across the Untited States. However, I am very new on the social networking scene so I hope the public will be patient with me. I am planning on posting more often with relevant information regarding DUI / Drunk Driving in California.


California Gets Tough Again On Convicted DUI / Drunk Drivers

Oct 20, 2010 — by Myles L. Berman | Comments (0)
Tags: California Dui Laws Prior Dui Offense Drunk Driving Arrests

At the end of September, 2010, Governor Schwarzenegger signed into law AB 1601 which will now allow judges to revoke for up to 10 years a convicted DUI / Drunk Driver who has at least 2 prior DUI / Drunk Driving convictions within 10 years of a third DUI / Drunk Driving conviction. The is California's version of 3 Strikes and Your Out . The bill was sponsored by Assemblymember Jerry Hill of San Mateo. In January, I debated Assemblymember Hill on this bill. See the link KABC AM 790 TALK RADIO Peter Tilden Podcast Part 1 Top Gun DUI Defense Attorney Myles L. Berman discusses proposed 3 strikes DUI law with Peter Tilden and California Assemblyman Jerry Hill; and KABC AM 790 TALK RADIO Peter Tilden Podcast Part 2, Top Gun DUI Defense Attorney Myles L. Berman discusses proposed 3 strikes DUI law with Peter Tilden and California Assemblyman Jerry Hill; both found at www.topgundui.com/about/in-the-news/.


National Trend To Charge Murder In DUI / Drunk Driving Cases

There has been a growing trend nationally to charge drivers with murder when a death occurs as a result of a driver who is arrested in a DUI / Drunk Driving case. Some years back, a prosecutor put forth a theory that if the driver knows or should have known of the risk of driving under the influence of alcohol, is grossly negligent in the way the vehicle was driven and a death occurs as a result, then the jury can infer the driver had the requisite malice to find the driver guilty of murder. One way to show the driver knew or should have known of the risks is if there was a prior conviction for DUI / Drunk Driving where the driver attended an alcohol program and was taught about the dangers of DUI / Drunk Driving.


California Cities Hold 4 Of Top Ten Spots For DUI / Drunk Driving Arrests

Sep 30, 2010 — by Myles L. Berman | Comments (0)
Tags: Drunk Driving Arrests California Dui Laws

According to the LA Daily News, four of the top ten large cities across the United States for DUI / Drunk Driving arrests are in California. San Diego ranks as number one. San Jose ranks as number two. Los Angeles ranks as number seven. San Francisco ranks as number eight. Boston was excluded from the list as there was no data available. The list was comprised by a study done by Insurance.com. The study was based on information provided by drivers seeking online quotes for auto insurance during the past three years. The rest of the top ten cities are Charlette, N.C. number three, Phoenix number four, Columbus, Ohio, number five, Indianapolis number six, Austin, Texas, number nine and Jacksonville, Florida, number 10.